Filed date vs served date


#1

Does anyone here know the time stipulations on someone being able to make a custody counterclaim?I’ve been told it was file date and also the date which defendant was served. If it is file date, we have missed the deadline, but if its served date we still have nearly a week to continue getting stuff together. Please help!


#2

If you do not file an answer and counterclaim within 30 days of service, the plaintiff can file a motion for default to obtain judgment by default. You can file an answer and counterclaim up to the point that a motion for default is filed. In child custody claims, a motion for default does not have the same impact as it does in an action involving monetary issues.